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Defendants are not guilty
Reasons
1. The summary of the facts charged is that Defendant A was an employee of Defendant A’s company
During the examination of the Labor Agency due to the issue of non-payment of wages to D, D had been dispatched to the company called “E” during the period of the Defendant company, and based on this, D had not been liable for the payment of wages during the period of dispatch to D. The Defendant B, who had been dispatched to E such as D, offered to obtain a promotion certificate that can prove the fact that D had been in office from E along with the Defendant B.
Accordingly, on May 8, 2015, Defendant B lent Defendant A’s Handphone to F, a person in charge of issuing the E’s certificate, stating personal information, including D’s resident registration number, and sent a text message requesting D to issue a promotion certificate as to the relevant date of his/her service, and accordingly, received a promotion certificate under the name of E company in the name of the aforementioned F.
As a result, the Defendants conspired to provide the third party with personal information such as D resident registration number without obtaining D consent.
2. The assertion and judgment
A. When considering that the summary of the argument E was aware of the name, resident registration number, address, etc. of D according to D’s delegation, which is the subject of information, the Defendants’ act does not constitute the case where personal information is provided to a third party, and the Defendants’ act does not violate social rules and constitutes legitimate act.
B. The definitions of the terms used in Article 2 (Definition) of the Regulations on the Personal Information Protection Act (hereinafter “Act”) are as follows:
5. The term "personal information manager" means a public institution, legal entity, organization, individual, etc. that manages personal information directly or through another person to operate a personal information file for business purposes;
Article 15 (Collection and Use of Personal Information) (1) Any person who manages personal information shall be as follows: